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Indigenous Rights and Conservation: FRA, CBD and OECMs

6 May 20251 min read
ENVIRONMENT & ECOLOGYIndigenous Rightsand Conservation:FRA, CBD andOECMs6 May 2025safalsetu.com

Why in the news

Experts argue that conservation works better when Indigenous Peoples and Local Communities (IPLCs) hold secure rights, and that India’s laws offer tools for this.

The problem

  • Policies often treat IPLCs as encroachers instead of custodians.
  • The fortress conservation model has colonial roots and rests on state-controlled protected areas.
  • Displacement: 10-20 million people globally; at least 6 lakh in India.

IPLCs as custodians

  • Groups such as the Masai, Ogiek, Batwa, Ashaninka and India’s Adivasis have long managed biodiverse land.
  • IPLC-managed lands often beat state-run protected areas on conservation results.
  • Legally recognised tenure and traditional governance improve outcomes.

Global and Indian frameworks

InstrumentPoint to note
CBDSigned by 196 countries including India
KMGBF (2022)23 global targets, including ’30 by 30′
CBD COP-16Permanent IPLC subsidiary body, a first for a UN convention
Biological Diversity Act 2002Aligned with CBD but top-down and bureaucratic
Wildlife Protection Act 1972, Project Tiger 1973Exclusionary protected-area model
Forest Rights Act 2006Decentralised; gram sabhas manage community forest resources
PESA 1996; Articles 244 and 244ASupport tribal autonomy

FRA as an inclusion tool

  • Recognises 13 categories of rights, including access to biodiversity and traditional knowledge, and the right to conserve and manage community forest resources.
  • Acknowledges historical injustice and seeks to reverse displacement.

Concerns

  • The updated NBSAP (23 targets for 2030) supports bottom-up governance but still depends heavily on State forest departments.
  • Biodiversity Management Committees under the BDA are not yet fully functional.

OECMs and way forward

  • Other Effective Area-Based Conservation Measures can bring IPLCs in beyond protected areas.
  • India plans OECM guidelines: no duplication of protected areas, community-led governance, sustained ecosystem and cultural values.
  • Risk: OECMs could enable resource exploitation unless FRA rights are secured.
  • Ministry of Tribal Affairs, on the draft Biodiversity Rules 2024, urged integration with FRA gram sabhas and consent plus rights settlement before declaring heritage sites.

Exam angle

  • Law with 13 rights categories: Forest Rights Act 2006.
  • Abbreviations: IPLC, OECM, KMGBF, NBSAP.
  • FRA’s potential coverage: 4 crore hectares.

Test yourself

1. Which Indian law recognises 13 categories of rights and empowers gram sabhas to manage community forest resources?

The FRA 2006 recognises 13 categories of rights and gram sabha management.

2. What does OECM stand for in conservation policy?

OECM means Other Effective Area-Based Conservation Measures.

3. The Kunming-Montreal Global Biodiversity Framework adopted in 2022 contains how many global targets?

KMGBF has 23 targets, including the '30 by 30' goal.